No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6201 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6201
To establish and authorize funding for an Iranian Sanctions Enforcement
Fund to enforce United States sanctions with respect to Iran and its
proxies and pay off the United States public debt and to codify the
Export Enforcement Coordination Center.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 2, 2023
Mr. Pfluger (for himself and Mr. Panetta) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish and authorize funding for an Iranian Sanctions Enforcement
Fund to enforce United States sanctions with respect to Iran and its
proxies and pay off the United States public debt and to codify the
Export Enforcement Coordination Center.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iranian Sanctions Enforcement Act of
2023''.
SEC. 2. IRAN SANCTIONS ENFORCEMENT FUND.
(a) In General.--Not later than 15 days after the date of the
enactment of this Act, there shall be established in the Treasury of
the United States a fund, to be known as the ``Iran Sanctions
Enforcement Fund'' (in this section referred to as the ``Fund''), to
pay expenses relating to seizures and forfeitures of property made with
respect to violations by Iran or a covered Iranian proxy of sanctions
imposed by the United States.
(b) Designation of Administrator.--Not later than 15 days after the
date of the enactment of this Act, the Secretary of Homeland Security,
in consultation with the Secretary of the Treasury, shall appoint an
administrator for the Fund (in this section referred to as the
``Administrator'').
(c) Expenditures From the Fund.--
(1) In general.--The Administrator may authorize amounts
from the Fund to be used, without further appropriation or
fiscal year limitation, for payment of all proper expenses
relating to a covered seizure or forfeiture, including the
following:
(A) Investigative costs incurred by a law
enforcement agency of the Department of Homeland
Security or the Department of Justice.
(B) Expenses of detention, inventory, security,
maintenance, advertisement, or disposal of the property
seized or forfeited, and if condemned by a court and a
bond for such costs was not given, the costs as taxed
by the court.
(C) Costs of--
(i) contract services relating to a covered
seizure or forfeiture;
(ii) the employment of outside contractors
to operate and manage properties seized or
forfeited or to provide other specialized
services necessary to dispose of such
properties in an effort to maximize the return
from such properties; and
(iii) reimbursing any Federal, State, or
local agency for any expenditures made to
perform the functions described in this
subparagraph.
(D) Payments to reimburse any covered Federal
agency for investigative costs incurred leading to a
covered seizure or forfeiture.
(E) Payments for contracting for the services of
experts and consultants needed by the Department of
Homeland Security or the Department of Justice to
assist in carrying out duties related to a covered
seizure or forfeiture.
(F) Awards of compensation to informers for
assistance provided with respect to a violation by Iran
or a covered Iranian proxy of sanctions imposed by the
United States that leads to a covered seizure or
forfeiture.
(G) Equitable sharing payments made to other
Federal agencies, State and local law enforcement
agencies, and foreign governments for expenses incurred
with respect to a covered seizure or forfeiture.
(H) Payment of overtime pay, salaries, travel,
fuel, training, equipment, and other similar expenses
of State or local law enforcement officers that are
incurred in joint law enforcement operations with a
covered Federal agency relating to covered seizure or
forfeiture.
(2) Authorization of use of fund for additional purposes.--
The Secretary of Homeland Security may direct the Administrator
to authorize the use of amounts in the Fund for the following:
(A) Payment of awards for information or assistance
leading to a civil or criminal forfeiture made with
respect to a violation by Iran or a covered Iranian
proxy of sanctions imposed by the United States and
involving any covered Federal agency.
(B) Purchases of evidence or information by a
covered Federal agency with respect to a violation by
Iran or a covered Iranian proxy of sanctions imposed by
the United States that leads to a covered seizure or
forfeiture.
(C) Payment for equipment for any vessel, vehicle,
or aircraft available for official use by a covered
Federal agency to enable the vessel, vehicle, or
aircraft to assist in law enforcement functions
relating to a covered seizure or forfeiture, and for
other equipment directly related to a covered seizure
or forfeiture, including laboratory equipment,
protective equipment, communications equipment, and the
operation and maintenance costs of such equipment.
(D) Payment for equipment for any vessel, vehicle,
or aircraft for official use by a State or local law
enforcement agency to enable the vessel, vehicle, or
aircraft to assist in law enforcement functions
relating to a covered seizure or forfeiture if the
vessel, vehicle, or aircraft will be used in joint law
enforcement operations with a covered Federal agency.
(E) Reimbursement of individuals or organizations
for expenses incurred by such individuals or
organizations in cooperating with a covered Federal
agency in investigations and undercover law enforcement
operations relating to a covered seizure or forfeiture.
(3) Prioritization of activities within the fund.--In
allocating amounts from the Fund for the purposes described in
paragraphs (1) and (2), the Administrator shall prioritize
activities that result in the seizure and forfeiture of oil or
petroleum products or other commodities or methods of exchange
that fund the efforts of Iran or covered Iranian proxies to
carry out acts of international terrorism or otherwise kill
United States citizens.
(d) Management of Fund.--The Fund shall be managed and invested in
the same manner as a trust fund is managed and invested under section
9602 of the Internal Revenue Code of 1986.
(e) Funding.--
(1) Initial funding.--
(A) Authorization of appropriations.--There is
authorized to be appropriated to the Fund $150,000,000
for fiscal year 2024, to remain available until
expended.
(B) Repayment of initial funding.--
(i) In general.--Not later than September
30, 2034, the Administrator shall transfer from
the Fund into the general fund of the Treasury
an amount equal to $150,000,000, as adjusted
pursuant to paragraph (4).
(ii) Rule of construction.--The repayment
of amounts under clause (i) shall not be
construed as a termination of the authority for
operation of the Fund.
(2) Continued operation and funding.--
(A) In general.--Subject to subparagraph (B), the
net proceeds from the sale of property, forfeited or
paid to the United States, arising from a violation by
Iran or a covered Iranian proxy of sanctions imposed by
the United States, shall be deposited or transferred
into the Fund.
(B) Transfer of proceeds after deposits into the
justice for united states victims of state sponsored
terrorism act.--The deposit or transfer of any net
proceeds to the Fund under subparagraph (A) shall occur
after the deposit or transfer of net proceeds into the
United States Victims of State Sponsored Terrorism Fund
as required by subsection (e)(2)(A)(ii) of the Justice
for United States Victims of State Sponsored Terrorism
Act (34 U.S.C. 20144).
(3) Maximum end-of-year balance.--
(A) In general.--If, at the end of a fiscal year,
the amount in the Fund exceeds the amount specified in
subparagraph (B), the Administrator shall transfer the
amount in excess of the amount specified in
subparagraph (B) to the general fund of the Treasury
for the payment of the public debt of the United
States.
(B) Amount specified.--The amount specified in this
subparagraph is--
(i) in fiscal year 2024, $500,000,000; and
(ii) in any fiscal year thereafter,
$500,000,000, as adjusted pursuant to paragraph
(4).
(4) Adjustments for inflation.--
(A) In general.--The amounts described in
paragraphs (1)(B)(i) and (3)(B)(ii) shall be adjusted,
at the beginning of each of fiscal years 2025 through
2034, to reflect the percentage (if any) of the
increase in the average of the Consumer Price Index for
the preceding 12-month period compared to the Consumer
Price Index for fiscal year 2023.
(B) Consumer price index defined.--In this
paragraph, the term ``Consumer Price Index'' means the
Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics of the Department of
Labor.
(f) Prohibition on Transfer of Funds.--
(1) In general.--Any expenditure of amounts in the Fund, or
transfer of amounts from the Fund, not authorized by this
section is prohibited.
(2) Acts by congress.--Any Act of Congress to remove money
from the Fund shall be reported in the Federal Register not
later than 10 days after the enactment of the Act.
(g) Report.--Not later than September 1, 2024, and annually
thereafter through September 1, 2034, the Secretary of Homeland
Security, with the concurrence of the Secretary of the Treasury, shall
submit to the appropriate congressional committees a report on--
(1) all activities supported by the Fund during the fiscal
year during which the report is submitted and the preceding
fiscal year;
(2) a list of each covered seizure or forfeiture supported
by the Fund during those fiscal years and, with respect to each
such seizure or forfeiture--
(A) the goods seized;
(B) the current status of the forfeiture of the
goods;
(C) an assessment of the impact on the national
security of the United States of the seizure or
forfeiture, including the estimated loss of revenue to
the person from which the goods were seized; and
(D) any anticipated response or outcome of the
seizure or forfeiture;
(3) the financial health and financial data of the Fund as
of the date of the report;
(4) the amount transferred to the general fund of the
Treasury under subsection (e) or (h);
(5)(A) the amount paid to informants for information or
evidence under subsection (c);
(B) whether the information or evidence led to a seizure;
and
(C) if so, the cost of the goods seized;
(6) the amount remaining to be transferred under subsection
(e)(3) and an estimated timeline for transferring the full
amount required by that subsection; and
(7)(A) any instances during the fiscal years covered by the
report of a covered seizure or forfeiture if, after amounts
were expended from the Fund to support the seizure or
forfeiture, the seizure or forfeiture did not occur as a result
of a policy decision made by the Secretary of Homeland
Security, the President, or any other official of the United
States; and
(B) a description of the costs incurred and reasons the
seizure or forfeiture did not occur.
(h) Failure To Report or Utilize the Fund.--
(1) Effect of failure to submit report.--If a report
required by subsection (g) is not submitted to the appropriate
congressional committees by the date that is 180 days after the
report is due under subsection (g), the Administrator shall
transfer an amount equal to 5 percent of the amounts in the
Fund to the general fund of the Treasury for the payment of the
public debt of the United States. For each 90-day period
thereafter during which the report is not submitted, the
Administrator shall transfer an additional amount, equal to 5
percent of the amounts in the Fund, to the general fund of the
Treasury for that purpose.
(2) Effect of failure to use fund.--If a report submitted
under subsection (g) indicates that amounts in the Fund have
not been used for any seizure or forfeiture activity during the
fiscal years covered by the report, the Fund shall be
terminated and any amounts in the Fund shall transferred to the
general fund of the Treasury for the payment of the public debt
of the United States.
(3) Waiver of termination of fund for national security
purposes.--
(A) In general.--If the President determines that
it is in the national security interests of the United
States not to terminate the Fund as required by
paragraph (2), the President may waive the requirement
to terminate the Fund.
(B) Report required.--If the President exercises
the waiver authority under subparagraph (A), the
President shall submit to the appropriate congressional
committees a report describing the factors considered
in determining that it is in the national security
interests of the United States not to terminate the
Fund.
(C) Form.--The report required by subparagraph (B)
shall be submitted in unclassified form, but may
include a classified annex.
(i) Rule of Construction.--Nothing in this section may be construed
to affect the requirements of subsection (e) of the Justice for United
States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144(e)) or
the operation of the United States Victims of State Sponsored Terrorism
Fund under that subsection.
(j) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Financial Services and the
Committee on Homeland Security of the House of
Representatives.
(2) Covered federal agency.--The term ``covered Federal
agency'' means any Federal agency specified in section 3(b).
(3) Covered iranian proxy.--The term ``covered Iranian
proxy'' means a violent extremist organization or other
organization that works on behalf of or receives financial or
material support from Iran, including--
(A) the Iranian Revolutionary Guard Corps-Quds
Force;
(B) Hamas;
(C) Palestinian Islamic Jihad;
(D) Hezbollah;
(E) Ansar Allah (the Houthis); and
(F) Iranian-sponsored militias in Iraq and Syria.
(4) Covered seizure or forfeiture.--The term ``covered
seizure or forfeiture'' means a seizure or forfeiture of
property made with respect to a violation by Iran or a covered
Iranian proxy of sanctions imposed by the United States.
SEC. 3. ESTABLISHMENT OF EXPORT ENFORCEMENT COORDINATION CENTER.
(a) Establishment.--The Secretary of Homeland Security shall
operate and maintain, within Homeland Security Investigations, the
Export Enforcement Coordination Center, as established by Executive
Order 13558 (50 U.S.C. 4601 note) (in this section referred to as the
``Center'').
(b) Purposes.--The Center shall serve as the primary center for
Federal Government export enforcement efforts among the following
agencies:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Department of Commerce.
(6) The Department of Energy.
(7) The Department of Homeland Security.
(8) The Office of the Director of National Intelligence.
(9) Such other agencies as the President may designate.
(c) Coordination Authority.--The Center shall--
(1) serve as a conduit between Federal law enforcement
agencies and the intelligence community (as defined in section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)))
for the exchange of information related to potential violations
of United States export controls;
(2) serve as a primary point of contact between enforcement
authorities and agencies engaged in export licensing;
(3) coordinate law enforcement public outreach activities
related to United States export controls;
(4) serve as the primary deconfliction and support center
to assist law enforcement agencies to coordinate and enhance
investigations with respect to export control violations;
(5) establish integrated, Government-wide statistical
tracking and targeting capabilities to support export
enforcement; and
(6) carry out additional duties as assigned by the
Secretary of Homeland Security regarding the enforcement of
United States export control laws.
(d) Administration.--The Executive Associate Director of Homeland
Security Investigations shall--
(1) serve as the administrator of the Center; and
(2) maintain documentation that describes the participants
in, funding of, core functions of, and personnel assigned to,
the Center.
(e) Director; Deputy Directors.--
(1) Director.--The Center shall have a Director, who shall
be--
(A) a member of the Senior Executive Service (as
defined in section 2101a of title 5, United States
Code) and a special agent within Homeland Security
Investigations; and
(B) designated by the Secretary of Homeland
Security.
(2) Deputy directors.--The Center shall have 2 Deputy
Directors, as follows:
(A) One Deputy Director, who shall be--
(i) a full-time employee of the Department
of Commerce; and
(ii) appointed by the Secretary of
Commerce.
(B) One Deputy Director, who shall be--
(i) a full-time employee of the Department
of Justice; and
(ii) appointed by the Attorney General.
(f) Liaisons From Other Agencies.--
(1) Intelligence community liaison.--An intelligence
community liaison shall be detailed to the Center. The liaison
shall be--
(A) a full-time employee of an element of the
intelligence community; and
(B) designated by the Director of National
Intelligence.
(2) Liaisons from other agencies.--
(A) In general.--A liaison shall be detailed to the
Center by each agency specified in subparagraph (B).
Such liaisons shall be special agents, officers,
intelligence analysts, or intelligence officers, as
appropriate.
(B) Agencies specified.--The agencies specified in
this subparagraph are the following:
(i) Homeland Security Investigations.
(ii) U.S. Customs and Border Protection.
(iii) The Office of Export Enforcement of
the Bureau of Industry and Security of the
Department of Commerce.
(iv) The Federal Bureau of Investigation.
(v) The Defense Criminal Investigative
Service.
(vi) The Bureau of Alcohol, Tobacco,
Firearms, and Explosives.
(vii) The National Counterintelligence and
Security Center of the Office of the Director
of National Intelligence.
(viii) The Department of Energy.
(ix) The Office of Foreign Assets Control
of the Department of the Treasury.
(x) The Directorate of Defense Trade
Controls of the Department of State.
(xi) The Office of Export Administration of
the Bureau of Industry and Security.
(xii) The Office of Enforcement Analysis of
the Bureau of Industry and Security.
(xiii) The Office of Special Investigations
of the Air Force.
(xiv) The Criminal Investigation Division
of the Army.
(xv) The Naval Criminal Investigative
Service.
(xvi) The Defense Intelligence Agency.
(xvii) The Defense Counterintelligence and
Security Agency.
(xviii) Any other agency, at the request of
the Secretary of Homeland Security.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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